Political
Diary
New Delhi, 17 August
2021
Laws Sans Debate
SHAMING
PARLIAMENT
By
Poonam I Kaushish
Ouch,
the truth hurts! This dear readers, was the sum total of the cruel joke
perpetrated on us by our netagan in Parliament’s
just concluded monsoon session. Not only was it abruptly adjourned two days
ahead of schedule on 11 August amid unrelenting Opposition protests over
Pegasus snooping row and contentious farm laws. Worse, our Right Honourables shamed
democracy by creating mayhem, tearing Bills, standing on Secretary Generals
tables, physically attacked each other even as the Government brazened it out
to score political points. Never mind, our MPs go blue in the face about
upholding the best tenets of Parliamentary democracy! Sic.
More
disgusting and perturbing was not that politics of dadagiri and obstructionism is becoming more the rule rather than
exception, but that our polity largely continues to drift along smugly without
any shame or desire to turn a new page and prevent Parliament’s crumble. While
the BJP-led Government preened over getting its way and say by its unyielding
defiance to engage in debate, putting the onus on Opposition by painting them disrupters
and bulldozed laws thanks to its brute majority.
Scandalously
it was the least productive session in Modi Sarkar’s
second term and third in the last two decades, 22 Bills were passed with
less than 10 minutes spent on each Bill. In the Rajya Sabha 19 Bills were
passed, an average of 1.1 Bills per day. While the total time lost due to
interruptions and adjournments was 76 hours 26 minutes compared to 4 hours 30
minutes in Rajya Sabha’s 231st session 2014.
Lamented
Chief Justice of India Ramana “It’s a sorry and unfortunate state of affairs to see the way proceedings take
place in Parliament now,
there’s no clarity in laws as they are being notified without any proper debate
among lawmakers, leaving many gaps and ambiguity in legislations.
“We
don’t know what is the purpose for the law which is creating a lot of
litigation, inconvenience and loss to Government and public,” he added. Two
examples: The General Insurance Business (Nationalisation) Amendment Bill, 2021
which enables privatization of general insurance companies was approved in 8
minutes and the Taxation Laws (Amendment) Bill, 2021 in just 5 minutes despite
the Opposition demanding they be sent to a select committee.
More
shocking important bills were passed without being referred to Standing
Committees which are considered Parliament’ brain and whose prime responsibility
is to scrutinize each legislation with a fine tooth comb and ensure a good law.
Introduced in 1993, 24 Standing Committees comprising 21 Lok Sabha and 10 Rajya
Sabha lawmakers were set-up to identify pressing issues, suggest solutions and
highlight gaps in implementation.
After
a Committee completed its study, its report is laid in Parliament. Though its recommendations
are not binding they carry lot of weight. An example: Standing Committee on
Health made several recommendations to National Medical Commission Bill in
2017. Many of these were incorporated in
the Bill passed 2019 including removing the provision for allowing a bridge
course for AYUSH practitioners.
With
governance increasingly becoming specialised and complex, committee meetings
are held behind closed doors, so that MPs can focus on issues at hand, can call
for and examine witnesses, look into the minutiae of an issue and give detailed
recommendations. Importantly, they allow a member to speak his mind on any
issue rather than worry about political positioning to toe his Party line. This
helps build consensus to resolve legislation deadlocks.
The
Committees also act as a check on poorly drafted legislative provisions
hurriedly passed by the House. But reports have “persuasive” or “advisory”
value and due to their non-binding nature, the Government can ignore their recommendations.
When a Government lacks numbers in a House to pass a contentious bill, the
committee process helps bring on board support which it would otherwise lack.
But
where it has adequate numbers to push through legislation, the Government might
view the committee as superfluous at best, and, allows the Opposition to get
its dissent noted on record at worst. But whatever the reason, bypassing committees
is a practice which is inimical to Parliamentary democracy.
Moreover,
repeated requests by Opposition to send bills to committees creates an
impression that the committee process is political and not focused on technical
scrutiny. Not referring a bill to a committee sends the message that the bills
piloted by the Government are perfect and urgently needed that they do not
require the contribution of a committee.
Consequently,
MPs too don’t take these Committees seriously. Of 15 Bills introduced this
session none were referred to a Parliamentary Committee. Only 11% Bills in Modi
II have gone through any Committee scrutiny compared to 27% in his first term.
In comparison the Congress-led UPA I saw 60% and UPA II 71% Bills sent to
Committees. In the last 10 years 47% Bills were passed sans discussion and 31% without
vetting by any Parliamentary standing or consultative committee. Between 2009-14
only half the MPs attended meetings of 16 Lok Sabha administered Committees.
This
is not all. Not long back Vice President and Rajya Sabha Chairman Venkaiah
Naidu expressed concern about 8 committees including home, law and justice and
commerce functioning and its attendance by only 18 of 80 MPs attending all
meetings of their committees, of whom 8 are Chairmen. Lok Sabha MPs attendance
was equally poor: Of 168 only 18 legislators attended all meetings.
Nonetheless,
Committees are vital in law-making and can serve as the intellectual compass
for governance. They should be made more effective and transparent. Committee
proceedings should be publicly available or live-streamed over the internet. This
would allow the public to play a greater role in their functioning. Also, it
would be a check on member absenteeism, a chronic problem when an issue
requires quorum.
Hence,
Parliament’s rules of procedure should be amended to automatically send all
substantive legislation for timely scrutiny by a committee. As US 28th
President Woodrow Wilson said 1885 “It is not far from the truth to say
Congress in session is Congress on public exhibition, whilst Congress in its
committee rooms is Congress at work.”
Sadly,
we have settled for size and not content wherein Parliament’s supremacy has
been replaced with the ‘to the streets’ bugle. Thus, in this deteriorating
political culture and ethos, Parliamentary proceedings have little material
bearing on the course of politics. Underscoring that Parliament is in crisis
and the system is breaking down as it neither fulfills its function of
deliberative lawmaking nor holds the executive responsible.
Time
has come for our polity to redeem itself. One way is to build consensus between
the Government and Opposition whereby they should rise above sectarian
political loyalties, heed voices of reason and be guided by what the country
needs. But therein lies the rub. With sharp battle lines between the Treasury
and Opposition this distrust will only further devalue Parliament and lower its
image.
In
the ultimate Parliament is the bulwark of democracy and represents the people,
who count upon it to function as the sovereign watchdog of their national
interest. Because, if that is lost, then one does know what will happen later.
Modi needs to ensure that he does not fall into the pit of greater the power
the more dangerous the abuse, as the law of majority has no place.” What gives?
----- INFA
(Copyright, India News & Feature Alliance)
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